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CIRCULAR No

CIRCULAR No. 02/1999/TT-BXD OF MAY 3, 1999 GUIDING THE MANAGEMENT OF HOUSES WITH ABSENTEE LANDLORDS BETWEEN INDIVIDUALS AS PRESCRIBED IN THE NATIONAL ASSEMBLY STANDING COMMITTEE�S RESOLUTION ON RESIDENTIAL HOUSES CIVIL TRANSACTIONS ESTABLISHED BEFORE JULY 1st, 1991

Pursuant to the National Assembly Standing Committee�s Resolution No. 58/1998/NQ-UBTVQH10 of August 20, 1998 on residential house civil transactions established before July 1st, 1991 (hereafter referred to as Resolution No. 58/1998), the Ministry of Construction hereby guides the management of residential houses with absentee landlords between individuals in the course of implementation of Resolution No. 58/1998 as follows:

I. SCOPE OF REGULATION:

1. Residential houses with absentee landlords, which fall within the regulation scope of Resolution No.58/1998, are those currently under the private ownership, but the persons who currently manage and use such houses are not their owners; more concretely:

a/ Residential houses left by their owners when they had moved to live in southern provinces before 1954;

b/ Residential houses left by their owners when they had migrated to Southern Vietnam after 1954;

c/ Residential houses left by their owners when they had moved to live in other localities or evacuated to other localities during the war time;

d/ Residential houses left by their owners when they had joined in the revolutionary or resistance war activities;

e/ Residential houses left by their owners who had died or left no traces;

The following types of houses with absentee landlords shall also be subject to Resolution No.58/1998 and this Circular: Houses with absentee landlords, which are currently used for purposes other than residence, but had been residential houses by the time of establishing civil transactions before July 1st, 1991; and houses with absentee landlords, which are currently used for residential purpose, but the use purpose of such houses at the time of establishing civil transactions before July 1st, 1991 had not been identified.

2. The following types of houses with absentee landlords shall not be subject to Resolution No.58/1998 and this Circular:

a/ Houses with absentee landlords, on which the civil transactions are carried out by overseas Vietnamese or foreign organizations and individuals;

b/ Residential houses with absentee landlords, which are managed and used by the State during different periods of implementing the housing and land policies;

c/ Houses with absentee landlords, which are currently used as residential houses, but had not been the residential houses by the time of establishing civil transactions before July 1st, 1991.

II. THE AUTHORIZED MANAGEMENT OF RESIDENTIAL HOUSES WITH ABSENTEE LANDLORDS

The authorization for management of residential houses with absentee landlords includes: lawful management authorization and unlawful management authorization.

1. Lawful management authorization is the one made in writing according to the provisions of law at the time of authorization by the house owners in the locality where such residential houses are located before the owners leave for other places.

The determination of lawful authorization for management of residential houses with absentee landlords shall comply with Decrees No.19/CP of June 29, 1960 and No.24/CP of February 13, 1961 of the Government Council, Circular No.61/TTg of February 17, 1961 of the Prime Minister, Decision No.111/CP of April 14, 1977 of the Government Council and Circular No.31/BXD of October 18, 1977 of the Ministry of Construction.

The lawful management authorization includes the definite management authorization and the indefinite management authorization.

2. Unlawful management authorization is the acts whereby house owners authorize other persons to manage their residential houses not in accordance with the provisions of law on house management authorization as prescribed above by the time of authorization.

If the house owners, before leaving their houses, have made no authorization or unlawful authorization, such houses shall be considered having no lawful management authorization.

III. REGARDING THE PERSONS WHO MANAGE AND USE RESIDENTIAL HOUSES WITH ABSENTEE LANDLORDS

1. Managers of residential houses with absentee landlords: In cases where residential house owners, before leaving their houses, have made lawful management authorization, the persons whose names are written in the authorization letters shall be considered the managers of such residential houses with absentee landlords. Managers of residential houses with absentee landlords are entitled to manage such houses according to the content of the authorization letters.

The managers of residential houses with absentee landlords may stay right in such houses or in other houses.

2. Users of residential houses with absentee landlords: Persons who are currently residing in residential houses with absentee landlords shall be considered users of such residential houses.

The users of residential houses with absentee landlords may be either the managers (with names written in authorization letters) or such persons� next of kin (their parents, spouses, offsprings...) or persons having no blood ties with the owners or managers of such residential houses with absentee landlords (lessees, lodging borrowers, occupants of houses with absentee landlords after such houses� owners leave without authorizing any one to manage them,...).

IV. ORGANIZING THE MANAGEMENT OF RESIDENTIAL HOUSES WITH ABSENTEE LANDLORDS

Residential houses with absentee landlords managed by individuals for different periods of time have experienced many changes in term of their managers, users as well as their technical state. In many cases, the house owners cannot be identified, where they are now or whether they are dead or still alive. There are not a few cases where the houses were unlawfully purchased, sold or transferred by their managers or users. Almost all residential houses have been repaired or renovated, thus changing their initial structure and architectural appearance. Many residential houses with absentee landlords have been destroyed and replaced by new houses on the same premises.

In order to ensure that the residential houses with absentee landlords are managed strictly according to the State�s policies, the People�s Committees of all levels shall have to strictly observe the following regulations:

1. On the basis of the general statistics on housing fund made according to Directive No.820/TTg of October 3, 1997 of the Prime Minister, to revise and classify residential houses with absentee landlords into two following categories:

a/ Those managed by individuals;

b/ Those managed and used by the State;

In the revising course, the localities shall have to make detailed lists of residential houses with absentee landlords according to their number plates in order to serve the management and handling activities according to Resolution No.58/1998. In the classifying course, they must not miscategorize or recategorize without permission residential houses with absentee landlords converting them from the ones managed and/or used by the State to those managed by individuals, thus causing loss to the State�s housing fund.

2. The entire fund of residential houses with absentee landlords managed and/or used by the State does not fall within the regulation scope of Resolution No.58/1998, therefore, the localities shall not be entitled to apply provisions of Decree No.25/1999/ND-CP of April 19, 1999 of the Government to handle matters related to residential houses with absentee landlords managed and/or used by the State.

3. The establishment of the ownership over residential houses with absentee landlords managed by individuals shall strictly comply with the provisions of Decree No.25/1999/ND-CP of April 19, 1999 of the Government.

4. In the handling course, the localities shall have to make lists of civil transactions on residential houses with absentee landlords which involve overseas Vietnamese or foreign individuals or organizations, then report them to the Prime Minister, and at the same time send them to the Ministry of Construction and the Ministry of Justice for making a general sum-up list.

Persons involved in civil transactions on residential houses with absentee landlords mentioned in this Clause shall include not only owners, managers and users, but also other persons who have rights and obligations over such residential houses with absentee landlords.

5. When the ownership over residential houses with absentee landlords has not been established yet (by granting certificates of residential house ownership and residential land use right) such residential houses must be preserved in status quo. All activities of purchase, sale, transfer, renovation or rebuilding of residential houses with absentee landlords shall be considered illegal and the People�s Committees of all levels shall not accept dossiers applying for certificates of residential house ownership and residential land use right.

6. In the course of organizing the management and settlement of matters related to the residential houses with absentees landlords, the People�s Committees of the provinces and centrally-run cities shall have to direct their attached levels and branches to well implement the provisions of Resolution No.58/1998, Decree No.25/1999/ND-CP of the Government and this guiding Circular. They shall also have to report problems and matters beyond their respective competence to the Ministry of Construction for guidance or report them to the Prime Minister for consideration and decision.

Minister of Construction

NGUYEN MANH KIEM